ch.2-pt.1
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Queensland regulation
**What this regulation does (mechanics first)
Requires particular Queensland "regulated ships" to carry specified safety equipment and to keep some equipment serviced and within expiry limits (EPIRBs, lifejackets, flares, smoke signals, fire extinguishers) (see ch.2, pts 2–6; secs 10, 13–16, 25).
Makes EPIRB (emergency beacon) rules mandatory for ships operating beyond sheltered waters: must be 406 MHz, comply with AS/NZS 4280.1:2003, and be registered with AMSA with up‑to‑date contact and ship details (sec 10).
Sets detailed lifejacket standards and when lifejackets must be visible or actually worn (types allowed by water type, treatment of custom‑made jackets, storage/signage rules, wearing rules for open boats and when crossing coastal bars) (secs 21–25).
Specifies minimum safety kit by type of vessel and waters (e.g. V sheet, handheld flares, smoke signals, firefighting equipment) and where signalling lights are needed (secs 11–20; 12).
Establishes registration rules for Queensland regulated ships: who must register, exemptions (small motors, foreign‑registered vessels, short‑term visitors), transfer rules, statutory registration conditions (safety management system, carry limits, flotation and distance limits), and record‑keeping obligations (secs 26–35, 158–159A).
Creates a builders‑plate regime implementing the national Australian Builders Plate standard (ABP Standard): which vessels need plates when sold, who may approve plate information, offences and defences about plates and sale (secs 40–52).
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Direct links to the current provisions in Transport Operations (Marine Safety) Regulation 2016.
The purpose of this chapter is to— require particular Queensland regulated ships to be equipped with particular equipment; and The Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 also provides for equipment with which particular Queensland regulated ships may be equipped. declare the equipment to be safety equipment to which section 44 of the Act applies. s 7 amd 2023 SL No. 171 s 11
Equipment with which a ship must be equipped under this chapter is safety equipment to which section 44 of the Act applies.
This part applies to a Queensland regulated ship in Queensland waters, other than a ship— in smooth waters; or in partially smooth waters; or in other waters within 2n miles from land.
A ship must be equipped with an EPIRB that— has an operational frequency of 406MHz; and complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and has been registered for the ship under subsection (2) by the owner or master of the ship; and has up-to-date registration. The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA— the owner or master’s name, address and phone number; the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact; the identifying code of the EPIRB; details of the ship that are reasonably required by AMSA; any other details reasonably required by AMSA. For subsection (1) (d) , an EPIRB has up-to-date registration if— there has been no change in the details given to AMSA under subsection (2) ; or if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change. For subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA. In this section— AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand. (sec.10-ssec.1) A ship must be equipped with an EPIRB that— has an operational frequency of 406MHz; and complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and has been registered for the ship under subsection (2) by the owner or master of the ship; and has up-to-date registration. (sec.10-ssec.2) The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA— the owner or master’s name, address and phone number; the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact; the identifying code of the EPIRB; details of the ship that are reasonably required by AMSA; any other details reasonably required by AMSA. (sec.10-ssec.3) For subsection (1) (d) , an EPIRB has up-to-date registration if— there has been no change in the details given to AMSA under subsection (2) ; or if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change. (sec.10-ssec.4) For subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA. (sec.10-ssec.5) In this section— AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.
This part applies to a Queensland regulated ship that— is required to be registered; or is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) . Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) . However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies. (sec.11-ssec.1) This part applies to a Queensland regulated ship that— is required to be registered; or is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) . (sec.11-ssec.2) Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) . (sec.11-ssec.3) However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies.
A ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks Also, a ship operated on the Brisbane River must display a flashing white all-round light if the ship— is used for training or competition; and is not powered but is propelled by using oars or paddles. Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights. (sec.12-ssec.1) A ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks (sec.12-ssec.2) Also, a ship operated on the Brisbane River must display a flashing white all-round light if the ship— is used for training or competition; and is not powered but is propelled by using oars or paddles. (sec.12-ssec.3) Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.
A ship, other than a personal watercraft or tender, operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively. s 13 amd 2017 SL No. 170 s 6 ; 2023 SL No. 171 s 12
A ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals; and if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively. s 14 amd 2017 SL No. 170 s 7 ; 2024 SL No. 188 s 17 sch 1
A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more. For subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket. Also, a personal watercraft operating in or beyond partially smooth waters must be equipped with— a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals. However, subsection (3) does not apply to a personal watercraft operating— as part of an aquatic event held in accordance with an aquatic event authority; or beyond partially smooth waters and within 0.5n miles from land. (sec.15-ssec.1) A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more. (sec.15-ssec.2) For subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket. (sec.15-ssec.3) Also, a personal watercraft operating in or beyond partially smooth waters must be equipped with— a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals. (sec.15-ssec.4) However, subsection (3) does not apply to a personal watercraft operating— as part of an aquatic event held in accordance with an aquatic event authority; or beyond partially smooth waters and within 0.5n miles from land.
A ship is taken to be equipped with safety equipment under this part only if the owner or master gives each person on board information about where the safety equipment is kept, including, for example, by giving the information orally, in a demonstration or on a printed sign. See also section 24 in relation to lifejackets.
This part applies to a tender to a Queensland regulated ship, if the tender is required to be registered.
A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights. (sec.18-ssec.1) A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks (sec.18-ssec.2) Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.
A tender operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. Subsection (1) (a) does not apply— if— the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender operates in a river, creek, stream or waters within breakwaters or revetments; and the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and there is a statement in the approved form for the tender that the tender has level flotation. (sec.19-ssec.1) A tender operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. (sec.19-ssec.2) Subsection (1) (a) does not apply— if— the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender operates in a river, creek, stream or waters within breakwaters or revetments; and the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and there is a statement in the approved form for the tender that the tender has level flotation.
A tender operating in or beyond partially smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. Subsection (1) (a) does not apply to a tender— if— the tender is operating in partially smooth waters; and the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender is operating beyond partially smooth waters; and the tender is used within 500m of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation. s 20 amd 2024 SL No. 188 s 17 sch 1 (sec.20-ssec.1) A tender operating in or beyond partially smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. (sec.20-ssec.2) Subsection (1) (a) does not apply to a tender— if— the tender is operating in partially smooth waters; and the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender is operating beyond partially smooth waters; and the tender is used within 500m of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation.
This part applies if, under this regulation, a Queensland regulated ship is required to be equipped with a required lifejacket for each individual on board who is 1 year or more.
The required lifejacket for an individual on board a ship is a lifejacket of an appropriate size for the individual of the following type— for a ship, other than a personal watercraft, operating in smooth waters— a lifejacket level 50; or a lifejacket level 50S; or a lifejacket level 100; or a compliant inflatable diver’s jacket; for a ship, other than a personal watercraft, operating in or beyond partially smooth waters— if the ship is operating in partially smooth waters— a lifejacket level 50; or a lifejacket level 100; or a compliant inflatable diver’s jacket; or if the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket; for a personal watercraft— if the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or if the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50. s 22 amd 2017 SL No. 170 s 8 ; 2022 SL No. 20 s 12 sch 1 ; 2024 SL No. 188 s 17 sch 1
This section applies if a ship, required under this regulation to be equipped with a required lifejacket for an individual on board the ship, is equipped with a custom-made lifejacket for the individual. The ship is taken to be equipped with the required lifejacket for the individual if— there is a manufacturer’s declaration for the custom-made lifejacket; and the required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and the master of the ship— keeps a copy of the manufacturer’s declaration while the individual is on board; and reasonably believes the individual on board is the individual stated in the manufacturer’s declaration. If a ship is equipped with a custom-made lifejacket for an individual, section 24 applies as if a reference in that section to the required lifejacket for the individual included a reference to the custom-made lifejacket. In this section— custom-made lifejacket , for an individual, means a lifejacket that— has been constructed using the same materials and methods of construction as— for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and has flotation appropriate to the type and body mass of the individual. manufacturer’s declaration , for a custom-made lifejacket, means a declaration by the manufacturer of the custom-made lifejacket that states the following— the type of lifejacket in place of which the custom-made lifejacket may be used; that the custom-made lifejacket has been constructed using the same materials and methods of construction as the type of lifejacket in place of which the custom-made lifejacket may be used; the name of the individual for whom the custom-made lifejacket has been manufactured; that the custom-made lifejacket has flotation appropriate to the type and body mass of the individual for whom the custom-made lifejacket has been manufactured; how the custom-made lifejacket may be identified. s 23 amd 2022 SL No. 20 s 12 sch 1 (sec.23-ssec.1) This section applies if a ship, required under this regulation to be equipped with a required lifejacket for an individual on board the ship, is equipped with a custom-made lifejacket for the individual. (sec.23-ssec.2) The ship is taken to be equipped with the required lifejacket for the individual if— there is a manufacturer’s declaration for the custom-made lifejacket; and the required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and the master of the ship— keeps a copy of the manufacturer’s declaration while the individual is on board; and reasonably believes the individual on board is the individual stated in the manufacturer’s declaration. (sec.23-ssec.3) If a ship is equipped with a custom-made lifejacket for an individual, section 24 applies as if a reference in that section to the required lifejacket for the individual included a reference to the custom-made lifejacket. (sec.23-ssec.4) In this section— custom-made lifejacket , for an individual, means a lifejacket that— has been constructed using the same materials and methods of construction as— for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and has flotation appropriate to the type and body mass of the individual. manufacturer’s declaration , for a custom-made lifejacket, means a declaration by the manufacturer of the custom-made lifejacket that states the following— the type of lifejacket in place of which the custom-made lifejacket may be used; that the custom-made lifejacket has been constructed using the same materials and methods of construction as the type of lifejacket in place of which the custom-made lifejacket may be used; the name of the individual for whom the custom-made lifejacket has been manufactured; that the custom-made lifejacket has flotation appropriate to the type and body mass of the individual for whom the custom-made lifejacket has been manufactured; how the custom-made lifejacket may be identified.
A ship that is not a tender is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more only if the required lifejacket for each individual is— clearly visible while the individual is on board; or kept in a place— from which the lifejacket is readily accessible; and that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters. A ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if— for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime— the individual who is 12 years or more is wearing the required lifejacket for the individual; and each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual. A ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual. A ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if— for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual. If a ship is equipped with a compliant inflatable diver’s jacket for an individual, the ship is taken to be equipped with the required lifejacket for the individual only if the individual is wearing the jacket. In this section— coastal bar means a bar— named in column 1 of schedule 1 ; and described in column 2 of the schedule opposite the name of the bar mentioned in column 1. daytime means the period between sunrise and sunset on a day. night-time means the period between sunset on a day and sunrise on the next day. open area , for a ship that is not an open boat, means an area of the ship other than an area located in— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space. open boat means a ship the structure of which does not include, or have attached to it— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space. s 24 amd 2024 SL No. 188 s 7 (sec.24-ssec.1) A ship that is not a tender is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more only if the required lifejacket for each individual is— clearly visible while the individual is on board; or kept in a place— from which the lifejacket is readily accessible; and that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters. (sec.24-ssec.2) A ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if— for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime— the individual who is 12 years or more is wearing the required lifejacket for the individual; and each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual. (sec.24-ssec.3) A ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual. (sec.24-ssec.4) A ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if— for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual. (sec.24-ssec.5) If a ship is equipped with a compliant inflatable diver’s jacket for an individual, the ship is taken to be equipped with the required lifejacket for the individual only if the individual is wearing the jacket. (sec.24-ssec.6) In this section— coastal bar means a bar— named in column 1 of schedule 1 ; and described in column 2 of the schedule opposite the name of the bar mentioned in column 1. daytime means the period between sunrise and sunset on a day. night-time means the period between sunset on a day and sunrise on the next day. open area , for a ship that is not an open boat, means an area of the ship other than an area located in— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space. open boat means a ship the structure of which does not include, or have attached to it— a permanent, rigid deckhouse or cabin; or another space that is— suitable for a person to occupy; and enclosed, except for 1 opening suitable for a person to enter or leave the space.
This section applies if a Queensland regulated ship is required by this regulation to be equipped with any of the following safety equipment— an EPIRB; a lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable; a fire extinguisher; a compliant handheld red flare; a compliant handheld orange smoke signal. For this chapter, the Queensland regulated ship is taken to be equipped with the safety equipment mentioned in subsection (1) (a) , (c) , (d) or (e) only if— the equipment shows a legible expiry date, however described, for the equipment; and at the relevant time— the expiry date has not passed; and the equipment is in good working order; and the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment. For this chapter, the Queensland regulated ship is taken to be equipped with a lifejacket mentioned in subsection (1) (b) only if— the lifejacket shows a legible expiry date, however described, for the lifejacket; and at the relevant time— the expiry date has not passed; and the lifejacket is in good working order; and each service of the lifejacket complies with the relevant servicing requirements for the lifejacket. In this section— relevant servicing requirements , for a lifejacket mentioned in subsection (1) (b) , means— if the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent— the lifejacket is serviced in accordance with the manufacturer’s requirements; and the date of the service is marked on the lifejacket in the required way; or otherwise— the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent required way , for marking the date of a service on a lifejacket, means— if the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or otherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’. If the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’. s 25 sub 2022 SL No. 20 s 4 (sec.25-ssec.1) This section applies if a Queensland regulated ship is required by this regulation to be equipped with any of the following safety equipment— an EPIRB; a lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable; a fire extinguisher; a compliant handheld red flare; a compliant handheld orange smoke signal. (sec.25-ssec.2) For this chapter, the Queensland regulated ship is taken to be equipped with the safety equipment mentioned in subsection (1) (a) , (c) , (d) or (e) only if— the equipment shows a legible expiry date, however described, for the equipment; and at the relevant time— the expiry date has not passed; and the equipment is in good working order; and the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment. (sec.25-ssec.3) For this chapter, the Queensland regulated ship is taken to be equipped with a lifejacket mentioned in subsection (1) (b) only if— the lifejacket shows a legible expiry date, however described, for the lifejacket; and at the relevant time— the expiry date has not passed; and the lifejacket is in good working order; and each service of the lifejacket complies with the relevant servicing requirements for the lifejacket. (sec.25-ssec.4) In this section— relevant servicing requirements , for a lifejacket mentioned in subsection (1) (b) , means— if the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent— the lifejacket is serviced in accordance with the manufacturer’s requirements; and the date of the service is marked on the lifejacket in the required way; or otherwise— the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket. a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent required way , for marking the date of a service on a lifejacket, means— if the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or otherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’. If the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’.
Part 5 , division 1 of the Act applies to the following Queensland regulated ships— all Queensland regulated ships operating in Queensland waters and owned or chartered by— an individual whose place of residence, or principal place of residence, is in Queensland; or a person whose place of business, or principal place of business, is in Queensland; or a person whose principal place of business for managing the ship’s operations is in Queensland; all Queensland regulated ships not mentioned in paragraph (a) — on Queensland intrastate voyages; or on interstate voyages while they are in Queensland waters. However, part 5 , division 1 of the Act does not apply to the following ships— a Queensland regulated ship that— is not powered; or is powered by an engine of less than 3kW; a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if— the ship is registered under a law of another State about the registration of ships; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; a tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship; a Queensland regulated ship the subject of a restricted use authority; a recreational ship from a foreign country if— the ship is in Queensland waters for less than 1 year; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; an other Queensland regulated ship that— is less than 10m; and is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ; a Queensland regulated ship that is not on or in water. If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water. Generally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered. (sec.26-ssec.1) Part 5 , division 1 of the Act applies to the following Queensland regulated ships— all Queensland regulated ships operating in Queensland waters and owned or chartered by— an individual whose place of residence, or principal place of residence, is in Queensland; or a person whose place of business, or principal place of business, is in Queensland; or a person whose principal place of business for managing the ship’s operations is in Queensland; all Queensland regulated ships not mentioned in paragraph (a) — on Queensland intrastate voyages; or on interstate voyages while they are in Queensland waters. (sec.26-ssec.2) However, part 5 , division 1 of the Act does not apply to the following ships— a Queensland regulated ship that— is not powered; or is powered by an engine of less than 3kW; a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if— the ship is registered under a law of another State about the registration of ships; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; a tender to a registered Queensland regulated ship if the tender is operated only within a radius of 2n miles from the ship; a Queensland regulated ship the subject of a restricted use authority; a recreational ship from a foreign country if— the ship is in Queensland waters for less than 1 year; and the ship’s owner is not a person mentioned in subsection (1) (a) (i) , (ii) or (iii) ; an other Queensland regulated ship that— is less than 10m; and is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth) ; a Queensland regulated ship that is not on or in water. If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water. Generally speaking, a regulation may only require a Queensland regulated ship to which part 5 , division 1 of the Act applies to be registered.
A Queensland regulated ship must be registered as— if the ship is a recreational ship—a recreational ship; or if the ship is an other Queensland regulated ship—an other Queensland regulated ship. The owner of a Queensland regulated ship must ensure the ship is registered as mentioned in subsection (1) unless the owner has a reasonable excuse. Maximum penalty for subsection (2) —200 penalty units. The procedure for registration of Queensland regulated ships is in chapter 6 , part 2 . (sec.27-ssec.1) A Queensland regulated ship must be registered as— if the ship is a recreational ship—a recreational ship; or if the ship is an other Queensland regulated ship—an other Queensland regulated ship. (sec.27-ssec.2) The owner of a Queensland regulated ship must ensure the ship is registered as mentioned in subsection (1) unless the owner has a reasonable excuse. Maximum penalty for subsection (2) —200 penalty units. The procedure for registration of Queensland regulated ships is in chapter 6 , part 2 .
The chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship. The chief executive or the general manager may register a ship as an other Queensland regulated ship if the chief executive or the general manager considers the ship is, or will be, an other Queensland regulated ship. (sec.28-ssec.1) The chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship. (sec.28-ssec.2) The chief executive or the general manager may register a ship as an other Queensland regulated ship if the chief executive or the general manager considers the ship is, or will be, an other Queensland regulated ship.
This section applies if— a person (the applicant ) applies to the chief executive or the general manager (the registering entity ) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and the ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months. The registering entity may ask the applicant— to give the entity a survey report for the ship issued by— if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or otherwise—a competent person; or to allow the entity to inspect the ship, and to pay the fee for the inspection. The registering entity may make a request under subsection (2) only if the entity has reasonable grounds to make the request. the ship is not a standard model the ship has been involved in a marine incident the use of the ship may involve activities that create a high risk to safety for making a request under subsection (2) (a) (i) —the ship is to carry a large number of people and operate far from land The registering entity may accept, as a substitute for a survey report mentioned in subsection (2) (a) , a certificate of operation under the national law for the ship that— is current; or expired less than 6 months before the application is made. The registering entity may refuse to register the ship if the applicant does not comply with the request. If the registering entity registers the ship, the ship’s registration certificate must indicate that the ship is a prescribed other Queensland regulated ship. (sec.29-ssec.1) This section applies if— a person (the applicant ) applies to the chief executive or the general manager (the registering entity ) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and the ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months. (sec.29-ssec.2) The registering entity may ask the applicant— to give the entity a survey report for the ship issued by— if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or otherwise—a competent person; or to allow the entity to inspect the ship, and to pay the fee for the inspection. (sec.29-ssec.3) The registering entity may make a request under subsection (2) only if the entity has reasonable grounds to make the request. the ship is not a standard model the ship has been involved in a marine incident the use of the ship may involve activities that create a high risk to safety for making a request under subsection (2) (a) (i) —the ship is to carry a large number of people and operate far from land (sec.29-ssec.4) The registering entity may accept, as a substitute for a survey report mentioned in subsection (2) (a) , a certificate of operation under the national law for the ship that— is current; or expired less than 6 months before the application is made. (sec.29-ssec.5) The registering entity may refuse to register the ship if the applicant does not comply with the request. (sec.29-ssec.6) If the registering entity registers the ship, the ship’s registration certificate must indicate that the ship is a prescribed other Queensland regulated ship.
An other Queensland regulated ship is registered on the following conditions— the owner or master of the ship must have a safety management system for the ship that— complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or is approved by the registering entity as an appropriate safety management system for the ship; the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in— the builders plate for the ship; or if there is no builders plate for the ship—the ship’s registration certificate; the owner or master of the ship must not operate the ship— if the ship has basic flotation—outside of smooth waters; or if the ship has level flotation—more than 15n miles from land. Subsection (1) (c) does not apply to an other Queensland regulated ship if the ship’s registration certificate indicates it is a prescribed other Queensland regulated ship. In this section— basic flotation means basic flotation within the meaning of the ABP Standard. See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship. s 30 amd 2021 SL No. 180 s 9 (sec.30-ssec.1) An other Queensland regulated ship is registered on the following conditions— the owner or master of the ship must have a safety management system for the ship that— complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or is approved by the registering entity as an appropriate safety management system for the ship; the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in— the builders plate for the ship; or if there is no builders plate for the ship—the ship’s registration certificate; the owner or master of the ship must not operate the ship— if the ship has basic flotation—outside of smooth waters; or if the ship has level flotation—more than 15n miles from land. (sec.30-ssec.2) Subsection (1) (c) does not apply to an other Queensland regulated ship if the ship’s registration certificate indicates it is a prescribed other Queensland regulated ship. (sec.30-ssec.3) In this section— basic flotation means basic flotation within the meaning of the ABP Standard. See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.
The registering entity may impose any of the following conditions on the registration of an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship— a condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate; a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence; a condition that the ship must be equipped with a particular type of safety equipment. Under section 107 , the document evidencing the registration of a Queensland regulated ship must state all conditions imposed on the registration under this regulation. Subsection (3) applies if— the registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1) (c) ; and the equipment is an inflatable life raft or is mentioned in section 25 (1) . The ship is taken to have complied with the condition only if the safety equipment complies with— for the equipment mentioned in section 25 (1) (b) — section 25 (3) (a) and (b) ; or otherwise— section 25 (2) (a) and (b) . This section does not limit the ability of the registering entity to impose other conditions on the registration under section 105 . See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship. s 31 amd 2022 SL No. 20 s 5 (sec.31-ssec.1) The registering entity may impose any of the following conditions on the registration of an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship— a condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate; a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence; a condition that the ship must be equipped with a particular type of safety equipment. Under section 107 , the document evidencing the registration of a Queensland regulated ship must state all conditions imposed on the registration under this regulation. (sec.31-ssec.2) Subsection (3) applies if— the registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1) (c) ; and the equipment is an inflatable life raft or is mentioned in section 25 (1) . (sec.31-ssec.3) The ship is taken to have complied with the condition only if the safety equipment complies with— for the equipment mentioned in section 25 (1) (b) — section 25 (3) (a) and (b) ; or otherwise— section 25 (2) (a) and (b) . (sec.31-ssec.4) This section does not limit the ability of the registering entity to impose other conditions on the registration under section 105 . See section 57 (4) of the Act in relation to contravening conditions of the registration of a ship.
This section applies to a ship to which a builders plate is required to be fixed under part 4 . The registering entity may refuse to register a ship if— a person applies for the ship for the first time to be registered under the Act ; and either— a builders plate is not fixed to the ship in accordance with the ABP Standard; or the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver. (sec.32-ssec.1) This section applies to a ship to which a builders plate is required to be fixed under part 4 . (sec.32-ssec.2) The registering entity may refuse to register a ship if— a person applies for the ship for the first time to be registered under the Act ; and either— a builders plate is not fixed to the ship in accordance with the ABP Standard; or the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.
The owner or master of a ship registered as an other Queensland regulated ship may operate the ship for private recreation as provided under this section. Before the ship is used for private recreation, the owner must state in the ship’s records— the date and time when the use of the ship for private recreation starts; and if a nominated person is to use the ship for private recreation—the name of the nominated person. Maximum penalty—20 penalty units. The following provisions apply for the period the ship is used for private recreation— the ship is taken to be registered as a recreational ship; the provisions of this regulation about recreational ships and their operation apply to the ship; the provisions of this regulation about the operation of the ship as an other Queensland regulated ship do not apply to the ship; a condition of registration applying to the ship does not apply to the ship. After the use of the ship for private recreation ends, the owner must state in the ship’s records the date and time when the use ended. Maximum penalty—20 penalty units. (sec.33-ssec.1) The owner or master of a ship registered as an other Queensland regulated ship may operate the ship for private recreation as provided under this section. (sec.33-ssec.2) Before the ship is used for private recreation, the owner must state in the ship’s records— the date and time when the use of the ship for private recreation starts; and if a nominated person is to use the ship for private recreation—the name of the nominated person. Maximum penalty—20 penalty units. (sec.33-ssec.3) The following provisions apply for the period the ship is used for private recreation— the ship is taken to be registered as a recreational ship; the provisions of this regulation about recreational ships and their operation apply to the ship; the provisions of this regulation about the operation of the ship as an other Queensland regulated ship do not apply to the ship; a condition of registration applying to the ship does not apply to the ship. (sec.33-ssec.4) After the use of the ship for private recreation ends, the owner must state in the ship’s records the date and time when the use ended. Maximum penalty—20 penalty units.
The chief executive and general manager are jointly responsible for keeping a register of registered Queensland regulated ships. The entity that registers a Queensland regulated ship must record in the register the following particulars for the ship— the ship’s registered owner’s name and address; the registration number; the type of registration; a description of the ship including length and beam, engine details and construction materials. The register may also include other particulars for a Queensland regulated ship decided by the entity that registered the ship. Within 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the ship’s registered owner must give the entity that registered the ship written notice of the change in the approved form. Maximum penalty for subsection (4) —10 penalty units. See section 158 in relation to the transfer of the registration of a Queensland regulated ship. (sec.34-ssec.1) The chief executive and general manager are jointly responsible for keeping a register of registered Queensland regulated ships. (sec.34-ssec.2) The entity that registers a Queensland regulated ship must record in the register the following particulars for the ship— the ship’s registered owner’s name and address; the registration number; the type of registration; a description of the ship including length and beam, engine details and construction materials. (sec.34-ssec.3) The register may also include other particulars for a Queensland regulated ship decided by the entity that registered the ship. (sec.34-ssec.4) Within 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the ship’s registered owner must give the entity that registered the ship written notice of the change in the approved form. Maximum penalty for subsection (4) —10 penalty units. See section 158 in relation to the transfer of the registration of a Queensland regulated ship.
This section applies if the chief executive or the general manager is reasonably satisfied that a person has a legitimate interest in obtaining access to information about a particular ship in the register because— the person is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or the person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or the person has another interest that justifies the person having access to the register. The person may, on payment of the fee and on reasonable conditions imposed by the chief executive or the general manager— inspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and take extracts from, or obtain a copy of particulars in, the register. However, the person may only inspect the part of the register that is relevant to the person’s interest. In this section— relevant proceeding means— a proceeding in a court about— a marine incident involving the ship; or the registered owner of the ship being or possibly becoming an insolvent under administration; or the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or fraudulent activities of the registered owner of the ship; or a proceeding before the Family Court of Australia that involves the registered owner of the ship; or another proceeding in a court, if in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding. s 35 amd 2023 Act No. 23 s 247 sch 1 s 2 (3) (sec.35-ssec.1) This section applies if the chief executive or the general manager is reasonably satisfied that a person has a legitimate interest in obtaining access to information about a particular ship in the register because— the person is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or the person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or the person has another interest that justifies the person having access to the register. (sec.35-ssec.2) The person may, on payment of the fee and on reasonable conditions imposed by the chief executive or the general manager— inspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and take extracts from, or obtain a copy of particulars in, the register. (sec.35-ssec.3) However, the person may only inspect the part of the register that is relevant to the person’s interest. (sec.35-ssec.4) In this section— relevant proceeding means— a proceeding in a court about— a marine incident involving the ship; or the registered owner of the ship being or possibly becoming an insolvent under administration; or the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or fraudulent activities of the registered owner of the ship; or a proceeding before the Family Court of Australia that involves the registered owner of the ship; or another proceeding in a court, if in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.
The chief executive or the general manager may give ship-related information about a ship to a person if reasonably satisfied the information will inform the person about— whether the ship is or is not registered; or the ship’s purpose or use. In this section— give , for ship-related information about a ship, includes giving the information electronically or orally. ship-related information , about a ship, means information about the ship from the register, other than personal information about a current or previous registered owner of the ship. (sec.36-ssec.1) The chief executive or the general manager may give ship-related information about a ship to a person if reasonably satisfied the information will inform the person about— whether the ship is or is not registered; or the ship’s purpose or use. (sec.36-ssec.2) In this section— give , for ship-related information about a ship, includes giving the information electronically or orally. ship-related information , about a ship, means information about the ship from the register, other than personal information about a current or previous registered owner of the ship.
The owner or master of a registered Queensland regulated ship must ensure the ship’s registration number is displayed on the ship in the way required under this section. Maximum penalty—50 penalty units. The registration number must be— above the waterline when the ship is afloat; and permanently displayed— in dark colours on a light background; or in light colours on a dark background; and legible from 30m away. Also, the registration number must be displayed— for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or for all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high. (sec.37-ssec.1) The owner or master of a registered Queensland regulated ship must ensure the ship’s registration number is displayed on the ship in the way required under this section. Maximum penalty—50 penalty units. (sec.37-ssec.2) The registration number must be— above the waterline when the ship is afloat; and permanently displayed— in dark colours on a light background; or in light colours on a dark background; and legible from 30m away. (sec.37-ssec.3) Also, the registration number must be displayed— for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or for all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high.
s 38 om 2019 SL No. 51 s 12
This section applies to a tender to a Queensland regulated ship, if the tender is not required to be registered because the tender is operated only within a radius of 2n miles from the ship. The owner or master of the tender must ensure the tender is marked in the way required under this section. Maximum penalty—50 penalty units. The tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and the registration number of the ship to which the tender is a tender. The markings required under subsection (3) must be in characters at least 75mm high. However, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under subsection (4) , it must be marked on its interior in the largest characters practicable. If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may be marked with the owner’s name instead of the marking or number required under subsection (3) . (sec.39-ssec.1) This section applies to a tender to a Queensland regulated ship, if the tender is not required to be registered because the tender is operated only within a radius of 2n miles from the ship. (sec.39-ssec.2) The owner or master of the tender must ensure the tender is marked in the way required under this section. Maximum penalty—50 penalty units. (sec.39-ssec.3) The tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and the registration number of the ship to which the tender is a tender. (sec.39-ssec.4) The markings required under subsection (3) must be in characters at least 75mm high. (sec.39-ssec.5) However, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under subsection (4) , it must be marked on its interior in the largest characters practicable. (sec.39-ssec.6) If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may be marked with the owner’s name instead of the marking or number required under subsection (3) .
The main purpose of this part is to give effect to the ABP Standard (which is a national standard applying to builders plates for recreational ships). The main purpose is achieved by— requiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and requiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships. (sec.40-ssec.1) The main purpose of this part is to give effect to the ABP Standard (which is a national standard applying to builders plates for recreational ships). (sec.40-ssec.2) The main purpose is achieved by— requiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and requiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships.
This part applies to a Queensland regulated ship unless this section provides otherwise. This part does not apply to any of the following— a second-hand ship; an amphibious vehicle; a canoe, kayak, surf ski or similar ship designed to be powered by paddle; a pedal-powered boat; a rowing shell used for racing or rowing training; a sailboard, sail kite or other similar ship; a surf row boat; a hydrofoil or hovercraft; a sailing ship; a submersible; an aquatic toy. This part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which— the ship was identifiable as a ship of a particular type; and a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser. This part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place— the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship; the maximum number of persons the ship may carry, as recommended by the builder of the ship. This part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship— has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook. In this section— aquatic toy means an object designed primarily for play in or on water, including, for example— an object designed solely to be towed behind a recreational ship; and an inflatable boat to which ISO 6185 (Inflatable boats) does not apply. ISO means a standard published by the International Organization for Standardization. owner builder , of a ship, means an individual who builds the ship for the individual’s own use. relevant European Recreational Craft Directive means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built. At the commencement of this definition, relevant European Recreational Craft Directives are available at http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/recreational-craft/index_en.htm. second-hand ship means a ship that has been used previously, other than used only as follows— in the course of being built or tested; by the owner builder of the ship; by the builder of the ship; for transporting the ship for sale; for demonstrating the ship to a purchaser. s 41 amd 2024 SL No. 188 s 8 (sec.41-ssec.1) This part applies to a Queensland regulated ship unless this section provides otherwise. (sec.41-ssec.2) This part does not apply to any of the following— a second-hand ship; an amphibious vehicle; a canoe, kayak, surf ski or similar ship designed to be powered by paddle; a pedal-powered boat; a rowing shell used for racing or rowing training; a sailboard, sail kite or other similar ship; a surf row boat; a hydrofoil or hovercraft; a sailing ship; a submersible; an aquatic toy. (sec.41-ssec.3) This part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which— the ship was identifiable as a ship of a particular type; and a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser. (sec.41-ssec.4) This part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place— the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship; the maximum number of persons the ship may carry, as recommended by the builder of the ship. (sec.41-ssec.5) This part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship— has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook. (sec.41-ssec.6) In this section— aquatic toy means an object designed primarily for play in or on water, including, for example— an object designed solely to be towed behind a recreational ship; and an inflatable boat to which ISO 6185 (Inflatable boats) does not apply. ISO means a standard published by the International Organization for Standardization. owner builder , of a ship, means an individual who builds the ship for the individual’s own use. relevant European Recreational Craft Directive means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built. At the commencement of this definition, relevant European Recreational Craft Directives are available at http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/recreational-craft/index_en.htm. second-hand ship means a ship that has been used previously, other than used only as follows— in the course of being built or tested; by the owner builder of the ship; by the builder of the ship; for transporting the ship for sale; for demonstrating the ship to a purchaser.
For this part— a requirement of the ABP Standard to the effect that information on a builders plate for a ship must include the name of the builder of the ship is to be read as a requirement that the information must include— the name of the builders plate approver who approves the information; and the capacity in which the person approves the information; and for paragraph (a) , a reference in the ABP Standard to the boat’s builder is, if the context permits, taken to be a reference to the builders plate approver mentioned in paragraph (a) (i) .
A person must not sell a ship unless— a builders plate is fixed to the ship in accordance with the ABP Standard; and the builders plate contains the information required by the ABP Standard; and the information has been approved by a builders plate approver; and the information is correct at the time of the sale. Maximum penalty—50 penalty units. In this section— sell includes the following— supply for sale; offer or display for sale. (sec.43-ssec.1) A person must not sell a ship unless— a builders plate is fixed to the ship in accordance with the ABP Standard; and the builders plate contains the information required by the ABP Standard; and the information has been approved by a builders plate approver; and the information is correct at the time of the sale. Maximum penalty—50 penalty units. (sec.43-ssec.2) In this section— sell includes the following— supply for sale; offer or display for sale.
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, a survey report for the ship— had been obtained; or was to be obtained for the purpose of section 29 .
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that— the defendant was not the builder of the ship; and there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be exported overseas.
It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be used only for racing in organised events.
This division applies to a ship required under section 43 to have a builders plate fixed to it when sold in Queensland.
The information on a builders plate fixed to, or to be fixed to, a ship may only be approved by 1 of the following persons (a builders plate approver )— the builder of the ship; an ABP competent person; a person who imported the ship into Australia from overseas. In this section— ABP competent person means a person who, because of the person’s training, qualifications or experience, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate. (sec.49-ssec.1) The information on a builders plate fixed to, or to be fixed to, a ship may only be approved by 1 of the following persons (a builders plate approver )— the builder of the ship; an ABP competent person; a person who imported the ship into Australia from overseas. (sec.49-ssec.2) In this section— ABP competent person means a person who, because of the person’s training, qualifications or experience, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate.
A person must not approve information on a builders plate fixed to, or to be fixed to, a ship unless— the person is a builders plate approver; and the information is correct and complies with the ABP Standard; and the person is— an individual residing in Australia; or a corporation registered in Australia. Maximum penalty—20 penalty units.
A person must not fix a builders plate to a ship if— the person has reason to believe information on the builders plate is incorrect or does not comply with the ABP Standard; or the information on the plate has not been approved by a builders plate approver. Maximum penalty—20 penalty units.
A person must not change a builders plate fixed to a ship unless— the person is a builders plate approver; or the change is approved by a builders plate approver. Maximum penalty—20 penalty units. A person must not change a builders plate fixed to a ship if the person has reason to believe the information on the builders plate, after the change, will be incorrect or will not comply with the ABP Standard. Maximum penalty—20 penalty units. In this section— change , in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate or information on the builders plate. (sec.52-ssec.1) A person must not change a builders plate fixed to a ship unless— the person is a builders plate approver; or the change is approved by a builders plate approver. Maximum penalty—20 penalty units. (sec.52-ssec.2) A person must not change a builders plate fixed to a ship if the person has reason to believe the information on the builders plate, after the change, will be incorrect or will not comply with the ABP Standard. Maximum penalty—20 penalty units. (sec.52-ssec.3) In this section— change , in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate or information on the builders plate.
The general manager may grant a restricted use authority for a Queensland regulated ship if the general manager is reasonably satisfied the ship is safe to operate for 1 or more of the following uses in its intended area of operation— a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment; a demonstration or display purpose associated with the sale of the ship; building, disposing of, fitting out, relocating, removing or repairing the ship; for a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship; use of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry. The procedure for obtaining a restricted use authority is in chapter 6 , part 2 . The conditions of a restricted use authority for a ship must include the uses for which the ship may be operated under the authority. Under section 107 , the document evidencing the restricted use authority must state all conditions imposed on the authority under this regulation. (sec.53-ssec.1) The general manager may grant a restricted use authority for a Queensland regulated ship if the general manager is reasonably satisfied the ship is safe to operate for 1 or more of the following uses in its intended area of operation— a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment; a demonstration or display purpose associated with the sale of the ship; building, disposing of, fitting out, relocating, removing or repairing the ship; for a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship; use of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry. The procedure for obtaining a restricted use authority is in chapter 6 , part 2 . (sec.53-ssec.2) The conditions of a restricted use authority for a ship must include the uses for which the ship may be operated under the authority. Under section 107 , the document evidencing the restricted use authority must state all conditions imposed on the authority under this regulation.
A person must not operate a Queensland regulated ship the subject of a restricted use authority for a use other than the use stated in the conditions of the authority. Maximum penalty—50 penalty units. Each of the following persons must comply with the conditions of a restricted use authority for a Queensland regulated ship— the holder of the authority; a person operating the ship as its master; a person acting as a crew member of the ship. Maximum penalty—50 penalty units. The holder of a restricted use authority for a Queensland regulated ship must not operate, or allow someone else to operate, the ship unless— the document evidencing the authority or a copy of it— is carried on the ship while it is operating; and if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship— how the ship may be operated under the authority; and the conditions to which the authority is subject. Maximum penalty—20 penalty units. A person must not purport to operate a ship in accordance with a restricted use authority unless it is the Queensland regulated ship for which the authority was granted. Maximum penalty—50 penalty units. The holder of a restricted use authority for a Queensland regulated ship must not allow someone else to purport to operate any other ship in accordance with the authority. Maximum penalty—50 penalty units. (sec.54-ssec.1) A person must not operate a Queensland regulated ship the subject of a restricted use authority for a use other than the use stated in the conditions of the authority. Maximum penalty—50 penalty units. (sec.54-ssec.2) Each of the following persons must comply with the conditions of a restricted use authority for a Queensland regulated ship— the holder of the authority; a person operating the ship as its master; a person acting as a crew member of the ship. Maximum penalty—50 penalty units. (sec.54-ssec.3) The holder of a restricted use authority for a Queensland regulated ship must not operate, or allow someone else to operate, the ship unless— the document evidencing the authority or a copy of it— is carried on the ship while it is operating; and if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship— how the ship may be operated under the authority; and the conditions to which the authority is subject. Maximum penalty—20 penalty units. (sec.54-ssec.4) A person must not purport to operate a ship in accordance with a restricted use authority unless it is the Queensland regulated ship for which the authority was granted. Maximum penalty—50 penalty units. (sec.54-ssec.5) The holder of a restricted use authority for a Queensland regulated ship must not allow someone else to purport to operate any other ship in accordance with the authority. Maximum penalty—50 penalty units.
Part 5 , division 2 of the Act applies to a Queensland regulated ship mentioned in section 11 (1) of the Act , unless the ship is— a ship connected with Queensland under section 6 (c) of the Act but not operating in Queensland waters; or a personal watercraft that— is registered as a Queensland regulated ship; and is provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or a tender to an other Queensland regulated ship, other than a tender that is a personal watercraft, operating within a radius of 1,000m from the other Queensland regulated ship if— the tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and the master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or a ship that— is not powered; or is powered by an engine of 4.5kW or less; or an other Queensland regulated ship owned or operated by an accredited surf life saving club that is being operated in the course of the club’s activities by a person who holds a certificate issued by the club authorising the person to operate the ship.
This division states, for section 60 (1) of the Act , the licence a person is required to hold to operate a Queensland regulated ship as its master or act as a crew member. See section 60 for circumstances in which an unlicensed person may operate a Queensland regulated ship. See section 75 for circumstances in which the holder of a permit mentioned in that section is taken to hold a licence required under this division.
This section applies to a Queensland regulated ship other than a ship to which section 58 applies. To operate a Queensland regulated ship, other than a personal watercraft, as its master, a person must hold one of the following licences— a recreational marine driver licence; a licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence; a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; a licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master. To operate a Queensland regulated ship that is a personal watercraft as its master, a person must hold— a licence or certificate mentioned in subsection (2) ; and either of the following— a personal watercraft licence; a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence. A foreign licence to operate a recreational ship or personal watercraft as its master ceases to be recognised by the chief executive or the general manager for this section— if the holder is granted another licence required to be held under this section—when the other licence is granted; or if the holder is an Australian citizen—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted. In this section— Australia means the mainland of Australia or the coastal waters of a State. foreign licence , for a recreational marine driver licence or a personal watercraft licence, means a licence to operate a recreational ship or personal watercraft as its master— issued or recognised under the law of another country; and recognised for this section by the chief executive or the general manager. resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth) . (sec.57-ssec.1) This section applies to a Queensland regulated ship other than a ship to which section 58 applies. (sec.57-ssec.2) To operate a Queensland regulated ship, other than a personal watercraft, as its master, a person must hold one of the following licences— a recreational marine driver licence; a licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence; a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; a licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master. (sec.57-ssec.3) To operate a Queensland regulated ship that is a personal watercraft as its master, a person must hold— a licence or certificate mentioned in subsection (2) ; and either of the following— a personal watercraft licence; a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence. (sec.57-ssec.4) A foreign licence to operate a recreational ship or personal watercraft as its master ceases to be recognised by the chief executive or the general manager for this section— if the holder is granted another licence required to be held under this section—when the other licence is granted; or if the holder is an Australian citizen—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or if the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted. (sec.57-ssec.5) In this section— Australia means the mainland of Australia or the coastal waters of a State. foreign licence , for a recreational marine driver licence or a personal watercraft licence, means a licence to operate a recreational ship or personal watercraft as its master— issued or recognised under the law of another country; and recognised for this section by the chief executive or the general manager. resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth) .
This section applies to a prescribed other Queensland regulated ship if the ship’s registration is subject to a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence. To operate the prescribed other Queensland regulated ship as its master or act as a crew member, a person must hold the stated licence. (sec.58-ssec.1) This section applies to a prescribed other Queensland regulated ship if the ship’s registration is subject to a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence. (sec.58-ssec.2) To operate the prescribed other Queensland regulated ship as its master or act as a crew member, a person must hold the stated licence.
The owner of a Queensland regulated ship must ensure a person operating the ship as its master holds the required licence. Maximum penalty—50 penalty units. The owner of a recreational ship does not contravene subsection (1) if— the owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or the ship is being operated without the knowledge or consent of the owner. The owner or master of an other Queensland regulated ship must ensure a person acting as a crew member of the ship holds the required licence. Maximum penalty—50 penalty units. (sec.59-ssec.1) The owner of a Queensland regulated ship must ensure a person operating the ship as its master holds the required licence. Maximum penalty—50 penalty units. (sec.59-ssec.2) The owner of a recreational ship does not contravene subsection (1) if— the owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or the ship is being operated without the knowledge or consent of the owner. (sec.59-ssec.3) The owner or master of an other Queensland regulated ship must ensure a person acting as a crew member of the ship holds the required licence. Maximum penalty—50 penalty units.
The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship unless— the unlicensed person is under the direct supervision of the master; and the master is immediately able to resume operating the ship; and if the ship is a personal watercraft— the master and the unlicensed person are the only persons on board; and a kill switch safety lanyard is attached to the master and the personal watercraft. Maximum penalty—50 penalty units. The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone waterskiing. Maximum penalty—100 penalty units. In this section— kill switch safety lanyard means a device that— is designed to be attached to a person and a personal watercraft; and if the person is no longer on board, will immediately stop the engine of the personal watercraft. (sec.60-ssec.1) The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship unless— the unlicensed person is under the direct supervision of the master; and the master is immediately able to resume operating the ship; and if the ship is a personal watercraft— the master and the unlicensed person are the only persons on board; and a kill switch safety lanyard is attached to the master and the personal watercraft. Maximum penalty—50 penalty units. (sec.60-ssec.2) The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone waterskiing. Maximum penalty—100 penalty units. (sec.60-ssec.3) In this section— kill switch safety lanyard means a device that— is designed to be attached to a person and a personal watercraft; and if the person is no longer on board, will immediately stop the engine of the personal watercraft.
The chief executive or the general manager may grant a recreational marine driver licence or personal watercraft licence to a person. The procedure for obtaining a recreational marine driver licence or personal watercraft licence is in chapter 6 , part 3 .
The chief executive or the general manager may grant a recreational marine driver licence to an applicant only if the applicant— is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect recreational ships; and the collision regulations; and has demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager. Subsection (3) applies if the applicant does not have the knowledge or competency required for a recreational marine driver licence under subsection (1) . The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the knowledge or competency required under subsection (1) . (sec.62-ssec.1) The chief executive or the general manager may grant a recreational marine driver licence to an applicant only if the applicant— is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect recreational ships; and the collision regulations; and has demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager. (sec.62-ssec.2) Subsection (3) applies if the applicant does not have the knowledge or competency required for a recreational marine driver licence under subsection (1) . (sec.62-ssec.3) The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the knowledge or competency required under subsection (1) .
The chief executive or the general manager may grant a personal watercraft licence to an applicant only if the applicant— holds— a recreational marine driver licence; or a licence issued under the law of another State equivalent to a recreational marine driver licence; or a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect personal watercraft; and the collision regulations; and has demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager. Subsection (3) applies if the applicant does not have the licence, certificate of competency, knowledge or competency required for a personal watercraft licence under subsection (1) . The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the licence, certificate of competency, knowledge or competency required under subsection (1) . (sec.63-ssec.1) The chief executive or the general manager may grant a personal watercraft licence to an applicant only if the applicant— holds— a recreational marine driver licence; or a licence issued under the law of another State equivalent to a recreational marine driver licence; or a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and is 16 years or more; and has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of— the Act and this regulation as they affect personal watercraft; and the collision regulations; and has demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager. (sec.63-ssec.2) Subsection (3) applies if the applicant does not have the licence, certificate of competency, knowledge or competency required for a personal watercraft licence under subsection (1) . (sec.63-ssec.3) The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the licence, certificate of competency, knowledge or competency required under subsection (1) .
The chief executive or the general manager may conduct examinations, in the way the chief executive or the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a recreational marine driver licence or personal watercraft licence has the qualifications for the licence under this division.
The chief executive or the general manager may grant an approval to an entity to conduct examinations mentioned in section 64 only if the entity qualifies for an examining approval under section 66 . The procedure for obtaining an examining approval is in chapter 6 , part 2 . An entity granted an examining approval may conduct examinations mentioned in section 64 as if it were the chief executive or the general manager. In exercising a power under subsection (2) , the entity is subject to any conditions of the approval and directions of the chief executive or the general manager about the conduct of the examinations. (sec.65-ssec.1) The chief executive or the general manager may grant an approval to an entity to conduct examinations mentioned in section 64 only if the entity qualifies for an examining approval under section 66 . The procedure for obtaining an examining approval is in chapter 6 , part 2 . (sec.65-ssec.2) An entity granted an examining approval may conduct examinations mentioned in section 64 as if it were the chief executive or the general manager. (sec.65-ssec.3) In exercising a power under subsection (2) , the entity is subject to any conditions of the approval and directions of the chief executive or the general manager about the conduct of the examinations.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
The purpose of this chapter is to— require particular Queensland regulated ships to be equipped with particular equipment; and The Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 also provides for equipment with which particular Queensland regulated ships may be equipped. declare the equipment to be safety equipment to which section 44 of the Act applies. s 7 amd 2023 SL No. 171 s 11
Equipment with which a ship must be equipped under this chapter is safety equipment to which section 44 of the Act applies.
This part applies to a Queensland regulated ship in Queensland waters, other than a ship— in smooth waters; or in partially smooth waters; or in other waters within 2n miles from land.
A ship must be equipped with an EPIRB that— has an operational frequency of 406MHz; and complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and has been registered for the ship under subsection (2) by the owner or master of the ship; and has up-to-date registration. The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA— the owner or master’s name, address and phone number; the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact; the identifying code of the EPIRB; details of the ship that are reasonably required by AMSA; any other details reasonably required by AMSA. For subsection (1) (d) , an EPIRB has up-to-date registration if— there has been no change in the details given to AMSA under subsection (2) ; or if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change. For subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA. In this section— AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand. (sec.10-ssec.1) A ship must be equipped with an EPIRB that— has an operational frequency of 406MHz; and complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons— Part 1 ; Marine emergency position-indicating radio beacons (EPIRB)); and has been registered for the ship under subsection (2) by the owner or master of the ship; and has up-to-date registration. (sec.10-ssec.2) The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to AMSA— the owner or master’s name, address and phone number; the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact; the identifying code of the EPIRB; details of the ship that are reasonably required by AMSA; any other details reasonably required by AMSA. (sec.10-ssec.3) For subsection (1) (d) , an EPIRB has up-to-date registration if— there has been no change in the details given to AMSA under subsection (2) ; or if there has been a change in the details given to AMSA under subsection (2) —notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change. (sec.10-ssec.4) For subsection (2) and (3) (b) , notice to AMSA must be given in the way required by AMSA. (sec.10-ssec.5) In this section— AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.
Sets out authorities, permits and approvals processes: applications, timeframes (decide within 30 days), conditions, renewals, amendments, suspensions and cancellations and special transitional rules for temporary authorities (secs 101–125, 104, 105, 107, 112–120).
Regulates licensing for masters, personal watercraft operators and pilots: eligibility, examinations, delegated examiners and training program approvals, temporary permits, pilotage exemption certificates, and fatigue management for pilots (ch.4–7; secs 61–68, 70–76, 166–167).
Imposes operational rules to prevent collisions and control speeds, wakes and behaviour near people, jetties and shorelines; enforces collision regulations as part of the regulation; gives specific speed/operation limits for personal watercraft and small vessels (secs 76–86, 79–84).
Requires reporting and handling procedures for dangerous cargo (packaging, documentation, reporting times) and for movements of certain ships in pilotage areas; prescribes signals of distress and controls on their use (secs 76, 87–96, 90–93, 168–176).
Creates a buoy‑mooring approval and management framework (category areas, approvals, identifying numbers, use and removal obligations) and a power to vest management in a mooring manager (secs 182–193).
Allows harbour masters and the general manager wide operational powers (issue directions, decide pilot transfer methods, require information, suspend/amend authorities after incidents) and sets penalties for non‑compliance (multiple provisions, e.g. secs 164, 116–117, 181, 193).
Declares marine zones with bespoke prohibitions or limits (schedules: e.g. Noosa River, Lake Wivenhoe, Tallebudgera Creek, Riverston Bay) and exceptions (sch.5 and subsections).
Prescribes fees, pilotage fees and conservancy dues and how/when they are payable and recovered; sets administrative rules for fee rounding and some concessions (secs 200–210A; schedule 6).
Why it matters (official purpose then an analyst's test)
Official stated purpose: to require particular Queensland regulated ships to carry particular equipment and to declare that equipment "safety equipment" under the Act (sec 7). The regulation also implements national standards and gives effect to national instruments where relevant (e.g. ABP Standard, national Marine Orders and IMDG code references).
Practical effect and trade‑offs: the instrument moves beyond high‑level safety objectives to precise technical, administrative and enforcement rules. That produces clearer compliance expectations (types of lifejackets, EPIRB specs, reporting windows) but also raises direct costs for owners/operators: purchasing certified equipment, registering EPIRBs, servicing inflatable lifejackets and fire extinguishers by manufacturers or authorised agents (sec 25), complying with builders‑plate approvals (secs 41–52), and paying fees (sec 200; sch 6). The regulation expects owners/operators to bear most costs (owners are liable for fees and fines — secs 27, 210).
Incentives and behaviour change: the rules incentivise (1) equipping and maintaining standardised safety gear, (2) formal registration and record‑keeping, (3) engagement with authorised examiners and training providers for licences, and (4) compliance with reporting and pilotage procedures. Non‑compliance attracts monetary penalties and can lead to suspension or cancellation of licences/authorities (secs 57, 115, 141; penalty provisions throughout).
Bureaucratic discretion and implementation risk: the chief executive/general manager/harbour masters hold broad discretionary powers — to impose conditions on registrations and approvals (secs 30, 31, 105), define pilotage and marine zones (schedules, secs 160–161), delegate examining and training approvals (secs 65–68) and impose fees and gazette notices (secs 92, 182, 184). Implementation relies heavily on cross‑referenced national standards and external systems (AMSA EPIRB registration (sec 10), IMDG and AS/ISO standards), which can complicate consistent enforcement and require administrative capacity.
Effects on markets and concentrated benefits: the rules create specific commercial roles (builders plate approvers — sec 49; mooring managers with rights to charge for buoy moorings — sec 182) that may concentrate benefits among those who obtain approvals or contracts. Small operators and recreational owners bear diffuse costs (equipment and registration compliance, licence acquisition). The regulation allows some private substitution (e.g. custom lifejackets accepted with a manufacturer's declaration — sec 23), which limits one‑size‑fits‑all burdens.
Who pays, who decides, and what changes
Who pays: ship owners/operators pay for equipment, servicing, registration fees, pilotage fees and conservancy dues (secs 10, 25, 200, 206A, 208–210). Fines/penalties are payable by persons who breach duties (multiple sections).
Who decides/authorises: the chief executive and the general manager (primary decision‑makers for registrations, conditions, and approvals — secs 28, 105, 181); harbour masters (local operational control, pilotage and reporting directions — secs 162, 164, 168–176); the Gold Coast Waterways Authority in Gold Coast waters (secs 184–185); approved examiners and training providers (secs 65–68); and approving entities for buoy moorings (sec 186).
Behaviour changes required: equip and maintain certified safety equipment; register EPIRBs; display registration and builders plate details; hold required licences or permits; report movements, dangerous cargo and events within set timeframes; comply with pilotage and VHF reporting rules; and obtain approvals for buoy moorings and aquatic events.
Compliance burden, trade‑offs and implementation notes
Compliance burden: technical servicing, record‑keeping, registration updates (e.g. update AMSA EPIRB registration within 14 days — sec 10), mandatory servicing by manufacturers/authorised agents for some equipment (sec 25), exam/training approvals (secs 62–68) and time‑sensitive reports (secs 90–92, 168–169).
Trade‑offs: more prescriptive rules lower uncertainty about minimum safety but increase direct costs and administrative workload for small owners and operators. Delegated approvals and mooring management create locally concentrated economic opportunities but require transparent procurement and oversight.
Implementation risks: heavy cross‑referencing to national law, external standards and industry systems (AMSA, IMDG, Marine Orders, ABP Standard) increases the need for coordination and up‑to‑date standard linking. Large discretion for the executive raises the need for robust decision records and review processes (sections provide review rights and notice processes — e.g. secs 108, 112, 116).
This part applies to a Queensland regulated ship that— is required to be registered; or is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) . Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) . However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies. (sec.11-ssec.1) This part applies to a Queensland regulated ship that— is required to be registered; or is not required to be registered because it is mentioned in section 26 (2) (b) , (d) , (e) or (f) . (sec.11-ssec.2) Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26 (2) (a) and (c) . (sec.11-ssec.3) However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies.
A ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks Also, a ship operated on the Brisbane River must display a flashing white all-round light if the ship— is used for training or competition; and is not powered but is propelled by using oars or paddles. Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights. (sec.12-ssec.1) A ship on water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks (sec.12-ssec.2) Also, a ship operated on the Brisbane River must display a flashing white all-round light if the ship— is used for training or competition; and is not powered but is propelled by using oars or paddles. (sec.12-ssec.3) Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.
A ship, other than a personal watercraft or tender, operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively. s 13 amd 2017 SL No. 170 s 6 ; 2023 SL No. 171 s 12
A ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals; and if the ship is more than 5m—firefighting equipment capable of extinguishing a fire on the ship quickly and effectively. s 14 amd 2017 SL No. 170 s 7 ; 2024 SL No. 188 s 17 sch 1
A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more. For subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket. Also, a personal watercraft operating in or beyond partially smooth waters must be equipped with— a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals. However, subsection (3) does not apply to a personal watercraft operating— as part of an aquatic event held in accordance with an aquatic event authority; or beyond partially smooth waters and within 0.5n miles from land. (sec.15-ssec.1) A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more. (sec.15-ssec.2) For subsection (1) , if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket. (sec.15-ssec.3) Also, a personal watercraft operating in or beyond partially smooth waters must be equipped with— a V sheet; and 2 compliant handheld red flares; and 2 compliant handheld orange smoke signals. (sec.15-ssec.4) However, subsection (3) does not apply to a personal watercraft operating— as part of an aquatic event held in accordance with an aquatic event authority; or beyond partially smooth waters and within 0.5n miles from land.
A ship is taken to be equipped with safety equipment under this part only if the owner or master gives each person on board information about where the safety equipment is kept, including, for example, by giving the information orally, in a demonstration or on a printed sign. See also section 24 in relation to lifejackets.
This part applies to a tender to a Queensland regulated ship, if the tender is required to be registered.
A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights. (sec.18-ssec.1) A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. torches, lanterns, fluorescent lights and cyalume sticks (sec.18-ssec.2) Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 79 . Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.
A tender operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. Subsection (1) (a) does not apply— if— the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender operates in a river, creek, stream or waters within breakwaters or revetments; and the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and there is a statement in the approved form for the tender that the tender has level flotation. (sec.19-ssec.1) A tender operating in smooth waters must be equipped with— a required lifejacket for each individual on board who is 1 year or more; and if the tender is more than 5m—firefighting equipment capable of extinguishing a fire on the tender quickly and effectively. (sec.19-ssec.2) Subsection (1) (a) does not apply— if— the tender is used within 1km of the ship for which it is a tender; and there is a statement in the approved form for the tender that the tender has level flotation; or if— the tender operates in a river, creek, stream or waters within breakwaters or revetments; and the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a
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